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ACORD v. COLANE CO.

No. 101366.

719 S.E.2d 761 (2011)

Norma ACORD, a West Virginia Resident, Plaintiff Below, Petitioner v. COLANE COMPANY, a West Virginia Corporation, Individually and As Successor in Interest to Cole & Crane Real Estate Trust; Cole & Crane Real Estate Trust, a West Virginia Trust; Logan County Board of Education, a West Virginia Public Body; West Virginia Coal & Coke Company, a West Virginia Corporation; Omar Mining Company, a West Virginia Corporation, Individually and as Successor in Interest to West Virginia Coal & Coke Company; A.T. Massey Coal Company, a West Virginia Corporation, Individually and as Successor in Interest to West Virginia Coal & Coke Company; Massey Energy Company, a Virginia Corporation, Individually and as Successor in Interest to West Virginia Coal & Coke Company; and Richard Fry, a West Virginia Resident, Individually, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2011.

Attorney(s) appearing for the Case

Kevin W. Thompson, Esq. , David R. Barney, Jr., Esq. , Thompson Barney , Charleston, WV, for Petitioner, Norma Acord.

Daniel L. Stickler, Esq. , Jonathan L. Anderson, Esq. , Jackson Kelly PLLC, Charleston, WV, Attorneys for Respondents, Omar Mining Company, A.T. Massey Coal Company, and Massey Energy Company.

E.M. Kowal, Jr., Esq. , Andrew P. Ballard, Esq. , Campbell Woods, PLLC, Huntington, WV, for Respondents, Colane Company, and Cole & Crane Real Estate Trust.

PER CURIAM:

This case is before this Court upon appeal of final orders of the Circuit Court of Logan County entered on March 31, 2010, in this class action for medical monitoring based on negligence, strict liability and public nuisance claims. The petitioner and plaintiff below, Norma Acord, is the representative of a class of individuals consisting of current and former students and staff of Omar Elementary School. Ms. Acord contends that the class members are at...

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